On Feb. 13, DigiCert, Inc., a technology company focused on digital security, filed a notice of opposition before the Trademark Trial and Appeal Board against applicant GoTrustID, Inc., a digital security and authentication company, alleging that it will be damaged by the registration of the applicant’s application for the GOTRUSTID (stylized) mark.
DigiCert claimed that it owns the valid registered trademarks for GEOTRUST in Classes 09, 42, and 45, covering things such as “Computer software for providing network, Internet, and computer security….” The opposer added that it also has common law rights to the marks as well as the goodwill and reputation associated with these marks.
DigiCert asserted that years after its marks were registered, the applicant applied to register the GOTRUSTID mark in Class 009, covering “Computer software for controlling and managing access server applications; Computer software for encryption,” among other things. DigiCert argued that GoTrustID’s mark is “substantially similar” to its registered marks. As a result, DigiCert contended that it has priority over the applicant’s mark.
Moreover, DigiCert alleged that because of “the substantially similar nature of the marks for highly related goods, the purchasing public is likely to falsely associate Applicant’s goods with Opposer or may erroneously believe the goods offered under the mark shown in the Application is sponsored, licensed, or otherwise endorsed and/or authorized by Opposer.” Thus, as a result of this purported likelihood of confusion, DigiCert claimed that it will suffer damages if the applicant’s mark is registered.
DigiCert has sought for its opposition to be granted in its favor and for the applicant to be denied registration of its application. DigiCert is represented by Snell & Wilmer.